Chapter VIII

Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER VIII.

§ 1. How are techoomin ¹ to be combined? A man places a cask [of wine], and says, "This is for all my townsmen, for all who go to the house of mourning, and for all who go to the house of feasting." Whosoever joins [in the combination] while it is yet day-light [on the eve of the day of rest], is permitted [so to do]; but after dusk it is prohibited, because the erub must not be deposited after dark.

§ 2. How much is the legal quantity [of food required to effect the combination of techoomin]? Food for two meals for every one [who joins therein], for working-day meals, but not for Sabbath meals. Such is the dictum of R. Meir; but R. Jehudah saith, "for Sabbath-meals, but not for work-day meals." Both however intend to render the observance more easy. ² R. Jochanan ben Berokah saith, "[It is sufficient to effect the combination if there be] a loaf

p. 89

for a pundion, when the price of four saah flour is one selah." ³ R. Simeon saith, "two-thirds of a loaf [such as go] three to the kab of flour." ⁴ Half [of such a loaf is the standard time for remaining] in the house of a leper; ⁵ and the half of a half [of such a loaf of unclean food] to make the body unclean. ⁶

§ 3. If the inhabitants of a court and the inhabitants of a gallery [in the court] should have forgotten to join in erub, whatever is above ten hands high [from the ground] is considered as belonging to the gallery; and whatever is less than ten hands high [from the ground] is to be considered as belonging to the court. The mould [dug and heaped up] out of a ditch [or trench], or a stone, [if either be] ten hands high, [belongs] to the gallery; [but if] less than this [ten hands high, it belongs] to the court. When is this the case? [If the heap or stone be] close [to the gallery], but [if either be] separated [therefrom], even though it be ten hands high, [it belongs] to the court. What is [considered as] close? Whatever is at less distance than four hands.

§ 4. If a man deposit his erub [for combining courts] in a gateway [porter's lodge], or in a hall [entry], or in a gallery, it is no [legal] erub. Should any dwell there [who has not joined in the erub], he cannot render the court unlawful [to prevent the other inmates to carry or convey therein]. If a man deposit his erub in a straw store, or in a stable, or in a wood-shed, or in a granary, it is a [legal] erub; and he who dwells there renders the court unlawful [if he has not joined in the erub]. R. Jehudah saith, "If the householder has reserved to himself the right of keeping his utensils there [in such a loft, stable, shed, or granary], he [who dwells there] does not render the court unlawful."

§ 5. If a person quits his house, and goes to take his Sabbath-rest

p. 90

in another town [without joining in the erub], whether he be a heathen or an Israelite, he renders the court unlawful [for the other inmates to carry or convey therein]. Such is the dictum of R. Meir. R. Jehudah saith, "he does not render it unlawful." R. José saith, "a heathen renders it unlawful, but an Israelite does not, as it is not the custom of an Israelite to return on the day of rest." R. Simeon saith, "Even though he has quitted his house, and is gone to take his Sabbath-rest with his daughter, in the same town, he does not render [the court] unlawful, since he has in thought renounced his habitation [for the time]."

§ 6. If a cistern be between two courts it is not lawful to draw water therefrom [on the Sabbath], unless there be a partition made ten hands high, either above [round the well] or below [within the water], or in the basin. R. Simeon hen Gamaliel saith, "Beth Shammai hold, [the partition must be made] below [within the water];" but Beth Hillel hold, "above [round the well]." R. Jehudah saith, "The partition is not more effectual than the wall which is between them [the two courts]."

§ 7. If a streamlet of water runs through a court, it is not lawful to draw water therefrom, unless there be a partition ten hands high, where it [the streamlet] flows in [to the court], and [another] where it flows out [again]. R. Jehudah saith, "The wall above it is to be considered a partition." R. Jehudah further said, "It so happened, that, in [the town of] Ebal, they drew water from a streamlet on the Sabbath, with the sanction of the elders;" but the sages replied, "[That was] because it did not hold the legal size [of a carmelith]." ⁷

§ 8. If there be a balcony above the water ⁸ it is not lawful to draw water [therein] on the Sabbath, unless a partition be made ten hands high, either above or below the balcony. So, likewise, if there be two balconies, one above the other. Should a partition have been made for the upper, but not for the lower one, it is unlawful to draw water from either, unless they have been combined by erub.

§ 9. If a court be less than four amoth square, it is not lawful to pour any water therein on the Sabbath, unless there be made a sewer capable of holding two saah below the outlet, either outside of, or within, the court. If [however] it [the sewer] be outside, it must be vaulted [over]; whereas, inside, it needs not be vaulted [over].

p. 91

[§ 10. R. Eleazar ben Jacob saith, "A kennel which is vaulted over, to the extent of] four amoth, in the public reshuth, it is lawful to pour water into on the Sabbath;" but the sages hold that, even though the court or the roof be one hundred amoth long, it is not lawful [to pour water direct] down the kennel; but the water may be poured out on the roof, so as to drop into the kennel. The entry [hall] may be added to the [court in computing the four amoth] mentioned in the preceding Mishna." ⁹

§ 11. So, likewise, if there be two habitations facing each other [in one court], and the inmates of the one [habitation] have made a sewer, ¹⁰ but the inmates of the other have not [joined in making it], those who made the sewer are permitted [to throw water down it]; but those who made it not are prohibited [to throw water down it]. ¹¹

Footnotes

88:1 Vide Introduction to the present Treatise.

88:2 Each of them considers his quantum as the less: R. Meir, because the food for working-days is coarse, of which no more is taken than just enough to satisfy nature; R. Jehudah, because, on the Sabbath three meals are taken, so that the quantity for each meal is smaller than on other days.

89:3 A saah is equal to six kab; the selah is four dinar; a dinar is six manah; the manah, two pundion; and the pundion, two eesar; so that at this price, a loaf for a pundion is equal to half a kab of flour; the kab is equal to twenty-four eggs; the loaf, therefore, to twelve eggs.

89:4 Equal to two-ninths of a kab, or five and one-third eggs.

89:5 Whosoever remains in the house of a leper time sufficient to eat half such a loaf [two and two-thirds of an egg], renders his clothes unclean, and must wash them.

89:6 Whosoever eats of the size of one-fourth such loaf [one and one-third egg], renders himself unclean, and cannot partake of any thing consecrated till he has bathed.

90:7 Vide Introduction to Treatise Sabbath.

90:8 With an aperture for drawing water.

91:9 Thereby to free the inmates from the necessity of making a sewer.

91:10 Vide § 9 of this chapter.

91:11 Unless they be joined by erub.